§54-1-9. Crossing or alteration of course of works of another
entity; civil action.
If any entity having the power of eminent domain under other
provisions of this article including any railroad company, canal
company, company organized for the purpose of transporting oil or
natural or manufactured gas, or both, by means of pipeline, company
organized for the purpose of transporting coal and its derivatives
and all mixtures and combinations thereof with any substance by
means of pipes or otherwise, telephone or telegraph company,
company operating an electric transmission line, private
corporation or public corporation operating a system of pipelines
for transporting water, private corporation or public corporation
operating a sewer system for public use, the West Virginia
department of highways, or any county court, deems it necessary in
the construction or relocation of its works, or any part thereof,
to cross any other railroad, canal, sewer line, pipeline, any state
or other public road at grade or otherwise, telephone or telegraph
line or electric transmission line, such crossing may be made
provided said works be so constructed as not to impede the passage
or transportation of persons, property, commodities or sewage
along, over or through the same. If any such company, private
corporation, public corporation, West Virginia department of
highways or county court desire that the course of any other
railroad, canal, sewer line, pipeline, state, or other public road,
telephone or telegraph line, electric transmission line, or any
stream which is not a public highway, be altered to avoid the
necessity of any crossing, or of frequent crossings, or to facilitate the crossing thereof, or the construction of a parallel
work, the alteration may be made in such manner as may be agreed
between the said party desiring such alteration and the owner of
such other facility or land to be affected thereby. In case the
parties interested fail to agree upon such crossing or alteration
as is desired, said party desiring such crossing or alteration may
bring a civil action, and in such action the court may, in a proper
case, order that any proper crossing, or alteration, may be made
upon payment of just compensation for the property or interest in
property to be taken and upon payment of damages, if any, to the
residue thereof beyond all benefits to be derived thereby.
Following said civil action, and if the court order such crossing
or alteration may be made, said party desiring such crossing or
alteration may thereupon proceed under article two of this chapter
to obtain the right to make such crossing or alteration and to have
determined the amount of compensation and damages owing as a result
thereof.